Debtor Won't Pay Creditor

[gail]

WA. state..... I loaned 5,000.00 to my sons fiance's grandfather, he's a retired aeronautics mechanic who owns a thriving auto mechanics garage. The grandfather wrote (handwritten) a promissory note of payments/$200.00 month to be paid by him on the 15th of each month, and the title to his 27 ft. RV(for which he borrowed the money) to hold until balance of $5,500.00 ($500.00 interest) is paid off. We added onto the promissory note that all bills for mechanical repairs would be subtracted from his 5,500.00 debt to me. The promissory note and signing were witnessed by three other people and two of the witnesses signed the note. Later after the grandfather bought the RV I asked him for the title, he gave me the title but it was already registered in his sons name (his son HAD signed the promissory note as a witness). The man has not paid a penny on the loan and we're going into the 6th month. I have had the grandfather work off $400.00 in car mechanics from his debt to me so far. My question is; how do I go about getting a legal lien put on the RV, so I can seize the collateral he promised me in the promissory note? Is there a way to gain legal access to the RV without going to court? Signed, Gail

[seniorjudge]

Originally Posted by gail

WA. state..... I loaned 5,000.00 to my sons fiance's grandfather, he's a retired aeronautics mechanic who owns a thriving auto mechanics garage. The grandfather wrote (handwritten) a promissory note of payments/$200.00 month to be paid by him on the 15th of each month, and the title to his 27 ft. RV(for which he borrowed the money) to hold until balance of $5,500.00 ($500.00 interest) is paid off. We added onto the promissory note that all bills for mechanical repairs would be subtracted from his 5,500.00 debt to me. The promissory note and signing were witnessed by three other people and two of the witnesses signed the note. Later after the grandfather bought the RV I asked him for the title, he gave me the title but it was already registered in his sons name (his son HAD signed the promissory note as a witness). The man has not paid a penny on the loan and we're going into the 6th month. I have had the grandfather work off $400.00 in car mechanics from his debt to me so far. My question is; how do I go about getting a legal lien put on the RV, so I can seize the collateral he promised me in the promissory note? Is there a way to gain legal access to the RV without going to court? Signed, Gail

Sue him in small claims court.

[Ladynred]

I think he outfoxed you on this one. He had the RV put into his SON's name, therefore the RV doesn't technically belong to the GF, it belongs to the son. The son didn't sign the promissory note as a co-debtor, he signed it as a witness and the witness isn't liable for the note.

If you want this money, you're going to have to sue the GF.